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July
12, 2007
EPA Region 5
UIC Branch
ATTN: Mr. William Bates
77 W. Jackson BLVD
Chicago, IL 60604-3590
Dear Mr. Bates,
We, the undersigned, urge you to deny
CMS Energy’s proposal for a Class I
“Non-Hazardous” waste disposal well in
Star Township, Antrim County near the
community of Alba. We represent a broad
coalition of concerned citizens and
organizations who strongly oppose this
disposal well and the rationale behind
it for the following reasons:
Risk to our irreplaceable water
resources.
The region surrounding Alba lies atop an
enormous, pristine, freshwater aquifer.
This aquifer supplies drinking water for
the regions citizens and is the source
of several major magnificent river
systems including the Jordan and
Manistee. This aquifer is a priceless,
irreplaceable natural treasure. Any
mistake, accident or mis-calculation
could have devastating impacts for many
individuals and the natural resources
far into the future.
We acknowledge that Class I disposal
wells require extensive safeguards and
the best engineering technology can
offer. However, they are not foolproof.
According to Downriver Digest,
July/August 1994, of the 173 deep
injection wells in the United States, 23
have leaked or failed EPA’s standards.
Another six had leaks that were not
detected by monitors. For example, the
controversial Romulus, MI deep disposal
wells, despite earnest reassurances and
the promise of bonding, have failed. The
operators vanished leaving the
surrounding communities and natural
resources to suffer the consequences.
Exacerbating the 13% failure rate of
well safeguards, operators of the
leachate collection system in Bay Harbor
shut the system down for seven months
without telling anyone or installing an
alternative solution to halt the
continued contamination of Little
Traverse Bay. In spite of their
“covenant” not to pollute, the
operations have proven to be
untrustworthy and not reliable with
regard to pollution prevention.
The level of risk associated with well
safeguards and previous operator
failures is unacceptable to such a
pristine resource.
Strong local opposition.
While perhaps unintended, the reality is
that CMS Energy chose a remote location
with limited financial resources to
oppose the disposition of toxic wastes
generated far away in a privileged
resort Community. The small rural
community of Alba has spoken out very
clearly on this issue -- they do not
want this well. At EPA’s public hearing
on June 13, 2007 in Alba, citizens
unanimously voiced their outrage over
this proposal.
Not only do we oppose the “dumping “ of
this toxic waste in our neighborhood,
but the transport of an estimated 11
toxic waste-laden tanker truck loads per
day, 365 days a year for approximately
20 years places increased wear and tear
on the County’s infrastructure, its
first responders and undue worry among
its residents. Elected officials of Star
Township and of Antrim and Charlevoix
Counties have also disapproved of this
proposal. And, who speaks for the
rivers, forests and wildlife? Do they
have “standing”?
The only proper, moral and ethical
solution is for CMS Energy and Bay
Harbor to act responsibly, clean up
their mess and not try to dump their
toxic waste on someone else’s doorstep.
CMS Energy needs to be fully
accountable for their irresponsible
choices.
In the late 1980’s and long before Bay
Harbor Resort was developed, scientists
reported toxic leachate seeping from CKD
waste piles at the then abandoned Penn
Dixie Cement Plant. We know that when
CKD is infiltrated with water a toxic
soup emerges. As required at other sites
with CKD piles, the proper disposal
method was and is to encapsulate the CKD
piles with an impervious barrier of
high-density polyethylene or two feet of
protective material. Back then, it would
have been far easier (and less costly)
to encapsulate the CKD piles before
development occurred. Instead, Bay
Harbor chose to cover it with six to
twelve inches of top soil, build over it
and hoped the problem would go away. It
did not.
We can now futilely argue and litigate
and seek to assess blame. Or, CMS Energy
and Bay Harbor can simply do what they
should have done from the beginning.
Their gamble did not pan out. These CKD
piles need to be capped and encapsulate
and made impermeable to moisture. The
concept is very simple but the task will
be substantial and costly. However,
maintaining a collection system prone to
failure, neutralizing, transporting and
disposing of millions of gallons of
toxic wastes into the foreseeable future
is also expensive and risky, not to
mention unethical.
Conclusion
In recent years, as science and society
grapple with increasingly complex
issues, a new ethic has emerged called
“The Precautionary Principle”. Simply
stated, “When an activity raises threats
of harm to human health or the
environment, precautionary measures
should be taken even if some cause and
effect relationships have not been
established scientifically”. We believe
that this principle should be applied to
the proposed deep injection well in
Alba. Should unforeseen problems occur
and this aquifer contaminated, there is
no easy way to reverse it. Given the
unique hydrology in this region, strong
local opposition, and the opportunity to
hold CMS Energy fully accountable given
there are more responsible and
protective opportunities to fix their
mistakes on-site, the proposed deep well
injection should be denied. |